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Garnishment of Non-Earnings Process

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

Process for Garnishment of Non-Earnings

A non-earnings garnishment targets personal property belonging to a person who owes money, or money (other than wages) that is owed to the debtor by a third person.

Examples of non-earnings include:
  • money in a bank account
  • the contents of a safe deposit box
  • a rent payment owed but not yet paid
  • an account receivable

Property may be subject to garnishment, but not all property can be garnished; some property is protected (see A.R.S. Title 33, Chapter 8). For example, a judgment creditor who garnishes a bank account may only take the money that is in the account on the day the Writ of Garnishment is served on the bank.

If the garnishee deposits new money in the account, a new garnishment action must be filed to collect those funds. Also, the first $300 per person, per bank account, is protected from garnishment. If the account has more than one person listed on it, a hearing is held to determine the share of each account (A.R.S. § 12-1595). 

Step 1: Review forms and Instructions
To garnish a bank account or other form of property, the judgment creditor be working with garnishment of non-earnings forms 1-15.
The information offered on this site is made available as a public service and is not intended to take the place of legal advice. If you do not understand something, have trouble filling out any of the forms, or are not sure these forms and instructions apply to your situation, see an attorney for help. Consult a state Law Library or the Legal Aid Resources page for information on free or reduced cost legal aid for more information.
Not all forms may be accepted in all Arizona courts – you should contact the clerk of the court in which you will be filing to confirm the use of a particular form, determine whether any additional forms are required and verify the filing fees. The Arizona Bar Foundation assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents.

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